Patna High Court

Avinash Kunwar @ ChhotuversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail as the evidence does not substantiate the alleged assault.

Summary

The petitioner, Avinash Kunwar, applied for regular bail in a case registered under multiple sections of the BNS for allegedly assaulting the informant's daughter. The prosecution alleged that the petitioner, along with others, surrounded the girl, attempted to take her to a jungle, and assaulted her with a 'farsa' causing head injury. The petitioner contended he was falsely implicated, pointing out that the medical report indicated injury caused by a hard blunt object, not consistent with the alleged assault, and that he had been in custody since 31-10-2025. The State and the informant opposed bail, arguing the seriousness of the charges. The court, after considering the lack of corroborative evidence and the injury report, decided to grant regular bail on a bond of Rs.10,000 with two sureties, directing release to the satisfaction of the Chief Judicial Magistrate, Saran.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 126(5), 127(2), 115(2), 118(1), 109, 76, 303(92), 351(2) and 3(5) of the BNS
Whether the injury report undermines the prosecution's allegation of assault

Subjects

regular bail
criminal procedure
Bihar Penal Code
injury report
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88815 of 2025
                       Arising Out of PS. Case No.-250 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Avinash Kunwar @ Chhotu S/O Late Arun Kumar R/O Village- Kishunpur,
                 P.S.- Jalalpur, District- Saran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anjani Parashar, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, APP
                 For the Informant        :       Mr. Shubash Pandey, Advocate
                                                  Mr. Amit Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                      Heard learned counsel for the petitioner, Informant

                   and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126 (5), 127

                   (2), 115 (2), 118 (1), 109, 76, 303 92), 351 (2) and 3 (5) of the

                   BNS.

                                3. The case of the prosecution is that the petitioner

                   along with his brother, namely, Ashutosh Kumar and two others

                   surrounded the daughter of the informant and started taking her

                   towards the ‘jungle’. When the daughter of the informant

                   objected, it is alleged that this petitioner started disrobing her

                   and when she raised alarm, this petitioner assaulted her with a

                   ‘farsa’.
Patna High Court CR. MISC. No.88815 of 2025(2) dt.22-01-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that a

          bare perusal of the First Information Report, would show that

          the genesis of the occurrence is that four persons, two of whom

          are own brothers had surrounded the girl and were allegedly

          taking her towards a ‘jungle’ It is also submitted that the specific

          allegation against the petitioner is that he assaulted with ‘farsa’

          on the head of the victim of this case. However, from a perusal

          of the injury report, which is annexed as Annexure P/3, it is

          clear that the doctor has opined that the injury which has been

          received by Soniya Kumari caused by hard and blunt substance.

          It is further submitted that the injuries and the allegation does

          not co-relate. It is contended that there is only one blow which

          shows the intention of the assault. Moreover, the petitioner is

          languishing in judicial custody since 31.10.2025.

                       5.    Learned APP appearing for the State and the

          Informant have vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Jalalpur P.S. Case No. 250 of 2025 on
            Patna High Court CR. MISC. No.88815 of 2025(2) dt.22-01-2026
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                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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